THE 18th City Council is still hesitant with the resolution endorsing the proposed mall applicant in Catalunan Pequeño, Talomo District despite compliance of the requirements to operate.
Committee on housing rural and urban development Councilor Rene Elias Lopez in a phone interview with SunStar Davao Wednesday, February 6, said the City Council is careful because they might violate the law.
“Pinag-uusapan namin ito ngayon sa council, whether tanggapin ba itong motion to withdraw and other documents. Baka kasi mamaya ay maka-violate kami ng Republic Act (RA) 7160,” Lopez said.
“Right now, we are deep into discussion and the City Legal Office is helping us evaluate and deliberate,” he added.
The applicant which is the Gaisano Capital Group or Taipan Development Inc. faced a case filed by the Office of the City Building Official on 2017 before the Municipal Trial Courts (MTC) Branch 3. The OCBO said Gaisano Capital constructed its commercial building without a business permit.
However, last January 27, the committee received the notice to withdraw indicating OCBO has withdrawn its complaint against Taipan. A compromise agreement was also made between the two parties.
“Another issue raised is yung compromise agreement that was entered into by the OCBO and the applicant. Ang question lang ng council is kung OCBO has the authority without even the concurrence of the City Mayor or the City Council,” Lopez said.
He added that the City Council has not accepted the committee report for second reading yet so they will just have to see how this case would progress.
“This problem is just a stumbling block because the main request is reclassification and zoning but ayaw naming mag-discuss about zoning not until matapos ang case na ito,” Lopez said.